This thesis investigates the underestimated ownership constraints in built-up urban areas as the determining characteristic of the urban redevelopment process after the Marmara Earthquake. In the first part of the study, public provisions for permanent housing have been surveyed. It is observed that relocation of the survivors entitled to such housing sites considerably far away from existing urban areas has generated the need for many adjustments on the property patterns. Without any framework for the remaining ownership and development rights in those damaged urban areas, nearly 43 000 housing units have been developed mostly by the state in order to compensate for the lost properties of disaster survivors. On the other hand, municipalities could not commence any considerable redevelopment framework in damaged urban areas after the earthquake. They were restricted to revising their development plans with respect to new geological surveys and to redefining the ideal building regulations with low building heights. Adaptation of these renewed plans to existing conditions has necessitated an immense amount of property readjustments. However, this is nearly impossible with existing plan implementation instruments which are incapable of mandating the exchange mechanisms for the reduced development rights. Lack of three dimensional property adjustment and purchasing methods different from constructions option engendered the implementation problem of these development plans prepared after the earthquake. In this framework, a field survey has been carried out in the city of Adapazari and the post-earthquake urban redevelopment process is investigated. Transformation of the properties are plotted in &Ccedil / ark Street, where the required resharing of reduced development rights with respect to new development plan can be partially observed. Besides, the success of the forthcoming urban planning process in Turkey, which is composed of urban rehabilitation and risk mitigation works, again depends upon the capacity to realize ownership and development right transformation in urban environments. As a result, the Marmara Earthquake presents the necessary inputs and justification to restructure the property institution in urban planning.

Thesis (M.Sc. (Environmental Science)) - Rhodes University, 2009.

Thesis (M.Sc. (Environmental Science)) - Rhodes University, 2009

The Title of the Diploma Thesis The issues of the community property in insolvency proceedings, with the emphasis on the property and common discharge of debts. Resume: The aim of this thesis is to map the field of the issues of the community property in insolvency proceedings; both in case of solving the insolvency of the debtors through discharge of the debts and in case of the bankruptcy. These are very hot issues because the current legal regulations are insufficient in their reaction to the problems which appear in common practice. Another reason is the wide variety of these problems which the practice brings and which cannot be answered with the help of the law. I tried to point out some of them and in the second part of the thesis to propose some particular cases and their solutions. Regarding the contents of this thesis it is divided into two parts, namely theoretical and practical. The first part also contains in its introduction the evaluation of the current legal regulations and the amendments being prepared, in particular the amendment No. 64/2017 Coll., which will be effective since 1st July 2017 and brings a lot of essential changes. Further I focused on the terms community property (its formation, termination, object and potential modifications) and the term property (its securing and extent,...

The restrictions of the ownership of real property for the purpose of nature and landscape protection Abstract This diploma thesis focuses on restrictions of the ownership of real property for the purpose of nature and landscape protection, which are regulated in Act No. 114/1992 Coll., On nature and landscape protection. The thesis is divided into two parts. The first part focuses on the general bases of the legal regulation of the restriction of the ownership of real property due to nature and landscape protection and contains four chapters. The first chapter defines essential legal institutes. The second chapter contains sources of regulation at international, European and national level. The third chapter discusses generally the conflict of property right with the right to a favourable environment. The fourth chapter deals with individual ways of limiting the property right. The second part discusses specific restrictions on the right to property and is also divided into four chapters. This is the fundamental part of this thesis. The first chapter of this part is devoted to the modification of the subject of property rights to protect nature and landscape. The second chapter deals with the modification of the property rights in terms of disposition limitation. The third chapter divides the individual...

Universiẗat, Diss.-2005--Heidelberg, 2004. / Literaturverz. S. [261] - 274. Zusammenfassung in engl. Sprache.

Univ., Diss.--Köln, 2001.

This work is focusing on accounting for tangible assets under IFRS and US GAAP. First chapter concentrates on the definition of an asset and on the measurement at recognition of tangible assets. Second chapter deals with the measurement after recognition of tangible assets. Third chapter is concerned with other problems connected with tangible assets, such as leases, depletion of an asset or disclosure. The last chapter contains a practical study which analyses the application of theoretical principles in practise.

This dissertation analyses the ability of Chinese lawyers to use administrative litigation to protect individuals and groups from an authoritarian state that frequently infringes on their rights. These plaintiffs fill administrative courts in China, opposing the overzealous tactics of police, challenging the expropriation of their land, and disputing the seizure and demolition of their homes. Empirically, it relies on several unique data sources in a mixed-methodological approach. Qualitative and small-n quantitative data from 126 interviews with a random sample of Chinese lawyers and 52 additional interviews are supplemented by documentary sources. These findings are then tested against official data and a large survey of Chinese lawyers. This research demonstrates that administrative litigation is part of a polycentric authoritarian system that helps the Chinese state to monitor its agents, allows limited political participation, and facilitates economic development (Chapter One). By giving ordinary Chinese a chance to hold their local governments accountable in court, administrative litigation represents a significant step towards rule of law, but its limited scope means that it has not been accompanied by dramatic liberalisation (Chapter Three). In part, this is because the most prolific and successful administrative litigators are politically embedded lawyers, insiders who challenge the state in court but eschew the most radical cases and tactics (Chapter Four). The tactics that allow politically embedded lawyers to successfully litigate administrative cases rely on and contribute to China’s polycentric authoritarianism by drawing in other state, quasi-state, and non-state actors (Chapter Five). Multinationals in China are largely failing to contribute to the development of China’s legal system because they readily accept preferential treatment from the Chinese state as an alternative to litigation (Chapter Six). While administrative litigation bolsters China’s polycentric authoritarianism in the short term, it offers tremendous potential for rationalisation, liberalisation, and even democratisation in the long term.

The justification of property ownership based on individual subjective rights is tightly bound to humanist moral perspectives. God is left out as irrelevant to the just grounds of ownership, which is established primarily on the basis of human self-referential, moral capacity. This thesis aims at developing an alternative justification, both for property as an institution and as a private holding, with a view to bringing God back into the centre stage and thereby placing property ownership on the objective concept of right. A tradition hitherto generally left unnoticed, yet uncovered here as the source of inspiration, vests the whole project with a moral-teleological tone. The tradition, enunciated by St. Augustine and developed by St. Bonaventure and John Wyclif, invites us to see property from the perspective of a moral end: it ought to be used for the love of God and neighbours, and as such it can be owned only by the just. In spite of important insights into the moral nature of property, the Augustinian thesis not only fails to spell out what ‘use for love’ means but also suffers from elitism. Nor does it offer an adequate justification of private property. Such weaknesses call for revision. When we reinterpret the Augustinian thesis through the concept of the divine imperative of service coupled with a proper understanding of human work, property acquires a distinctive justification. Property, as an institution, is justified as a requisite for carrying out God’s redemptive work towards the world. From this general justification ensues the particular justification. We hold property as specifically ‘mine,’ since each person’s ordained mission to participate in God’s work requires a uniquely personal material means, although the recognition and fulfilment of individual mission still demands communal efforts. The duty to carry out the God-commanded mission at first allows us to possess private property only in a non-proprietorial and non-exclusive manner. Yet in the prevailing condition of economic scarcity and human greed, civil jurisdiction must provide a structure of rights to enforce property institution. As God’s invitation for the transformation of the world is a universal command, everybody should have a minimum of property, and yet in differentiation of the scope and kinds commensurate with the particularities of individual mission.